Reports for S.136

Report text available as:

Calendar No. 67
114th Congress } { Report
SENATE
1st Session } { 114-35
_______________________________________________________________________
GOLD STAR FATHERS ACT OF 2015
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
S. 136
TO AMEND CHAPTER 21 OF TITLE 5, UNITED STATES CODE,
TO PROVIDE THAT FATHERS OF CERTAIN PERMANENTLY
DISABLED OR DECEASED VETERANS SHALL BE INCLUDED WITH
MOTHERS OF SUCH VETERANS AS PREFERENCE ELIGIBLES FOR TREATMENT IN THE
CIVIL SERVICE
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
May 5, 2015.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
49-010 WASHINGTON : 2015
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
RON JOHNSON, Wisconsin Chairman
JOHN McCAIN, Arizona THOMAS R. CARPER, Delaware
ROB PORTMAN, Ohio CLAIRE McCASKILL, Missouri
RAND PAUL, Kentucky JON TESTER, Montana
JAMES LANKFORD, Oklahoma TAMMY BALDWIN, Wisconsin
MICHAEL B. ENZI, Wyoming HEIDI HEITKAMP, North Dakota
KELLY AYOTTE, New Hampshire CORY A. BOOKER, New Jersey
JONI ERNST, Iowa GARY C. PETERS, Michigan
BEN SASSE, Nebraska
Keith B. Ashdown, Staff Director
Christopher R. Hixon, Chief Counsel
Patrick J. Bailey, Chief Counsel for Governmental Affairs
Gabrielle A. Batkin, Minority Staff Director
John P. Kilvington, Minority Deputy Staff Director
Mary Beth Schultz, Minority Chief Counsel
Katherine C. Sybenga, Minority Senior Counsel
Laura W. Kilbride, Chief Clerk
C O N T E N T S
----------
Page
I. Purpose and Summary..............................................1
II. Background and Need for the Legislation..........................1
III. Legislative History..............................................2
IV. Section-by-Section Analysis......................................2
V. Evaluation of Regulatory Impact..................................3
VI. Congressional Budget Office Cost Estimate........................3
VII. Changes in Existing Law Made by the Bill, as Reported............3
Calendar No. 67
114th Congress } { Report
SENATE
1st Session } { 114-35
======================================================================
GOLD STAR FATHERS ACT OF 2015
_______
May 5, 2015.--Ordered to be printed
_______
Mr. Johnson, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany S. 136]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 136) to amend
chapter 21 of title 5, United States Code, to provide that
fathers of certain permanently disabled or deceased veterans
shall be included with mothers of such veterans as preference
eligibles for treatment in the civil service, having considered
the same, reports favorably thereon without amendment and
recommends that the bill do pass.
I. Purpose and Summary
Current law provides certain preferences for the mothers of
permanently disabled or deceased veterans in obtaining
appointment to the civil service. S. 136, the Gold Star Fathers
Act of 2015, expands preferred eligibility for such civil
service appointments to the fathers of these same disabled and
deceased veterans.
II. Background and the Need for Legislation
In January 1948, Congress established a hiring preference
for the widowed, divorced, or legally separated mothers of
veterans who died in active duty in wartime or who suffer a
permanent and total disability connected to such service.\1\
The committee reporting the legislation provided the following
explanation:
---------------------------------------------------------------------------
\1\Public Law 80-396 (1948).
It is the opinion of this committee that the debt of
gratitude owed by the United States to the widowed
mothers of ex-servicemen who lost their lives on active
duty, and to the widowed mothers of ex-servicemen who
are permanently and totally disabled, is immeasurable,
but such widowed mothers warrant the same consideration
now given to wives and unmarried widows of certain ex-
servicemen.\2\
---------------------------------------------------------------------------
\2\Committee on Post Office and Civil Service, Report to accompany
H.R. 1426, Extending Veterans' Preference Benefits to Widowed Mothers
of Certain Ex-Servicemen, H.R. Rep. No. 697, 80th Congress, 1st Session
(June 25, 1947).
Under current statute, mothers of certain permanently
disabled or deceased veterans receive a preference in obtaining
appointment to the civil service if such mothers are widowed,
divorced, or separated, or also if they are married to a
husband who is permanently disabled, in recognition of their
sacrifice.\3\ The current hiring preference for mothers of
deceased and permanently disabled veterans provides 10
additional points to the score of those who pass the civil
service examination.\4\
---------------------------------------------------------------------------
\3\Public Law 81-887 (Dec. 27, 1950). The laws making mothers of
veterans eligible for hiring preference have been codified at 5 U.S.C.
2108(3)(F)-(G).
\4\See U.S. Office of Personnel Management (OPM): Veterans
Services, VetGuide, http://
www.opm.gov/policy-data-oversight/veterans-services/vet-guide/, last
visited April 24, 2014.
---------------------------------------------------------------------------
Recognizing that the fathers of disabled or deceased
veterans suffer a loss that warrants no less consideration than
that suffered by mothers, this legislation would extend the
hiring preference to fathers. The United States owes a
tremendous debt of gratitude to the parents of fallen and
disabled veterans.
In addition to extending the 10-point hiring preference to
fathers, S.136 also extends the preference not just to widowed
and divorced mothers, but also to those that are otherwise
unmarried.
III. Legislative History
Senator Wyden introduced S. 136, which was referred to the
Senate Homeland Security and Governmental Affairs Committee on
January 8, 2015.
The Committee considered S. 136 at a business meeting held
on March 4, 2015. No amendments were offered. The Committee
ordered the bill reported favorably en bloc by voice vote.
Members present for the vote were: Johnson, Portman, Lankford,
Ayotte, Ernst, Carper, McCaskill, Baldwin, Heitkamp, and
Peters.
IV. Section-by-Section Analysis of the Bill, as Reported
Section 1. Short title
This section provides a short title by which the bill may
be cited.
Section 2. Preference eligible treatment for fathers of certain
permanently disabled or deceased veterans
This section amends Title 5 of the United States Code
sections 2108(3)(F) and (G) to establish that the mothers and
fathers of certain deceased and totally disabled veterans may
be eligible for preference in civil service hiring if certain
conditions are met. It also amends these paragraphs to extend
the preference to a parent who was never married.
Section 3. Effective date
This section provides that the amendments made by S. 136
will take effect 90 days after the date of enactment.
V. Evaluation of Regulatory Impact
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill and determined
that the bill will have no regulatory impact within the meaning
of the rules. The Committee agrees with the Congressional
Budget Office's statement that S. 136 contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act and would not affect the budgets
of state, local, or tribal governments.
VI. Congressional Budget Office Cost Estimate
March 11, 2015.
Hon. Ron Johnson,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 136, the Gold Star
Fathers Act of 2015.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 136--Gold Star Fathers Act of 2015
S. 136 would expand preferred eligibility for federal jobs
to the fathers of certain permanently disabled or deceased
veterans. CBO estimates that implementing the legislation would
not have any significant effect on the federal budget. Enacting
the bill would not affect direct spending or revenues;
therefore, pay-as-you-go procedures do not apply.
Under current law, mothers of certain veterans are eligible
to claim preferences for civil service positions if their
children are permanently disabled or deceased. S. 136 would
expand that preference to include such veterans' fathers. We
estimate that the legislation would have no significant
budgetary effect because, while it would expand the pool of
people eligible for federal job preferences, it would not
change the total number of federal jobs available or the
salaries paid to federal employees.
S. 136 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Matthew
Pickford. The estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
VII. Changes in Existing Law Made by the Bill, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
S. 136 as reported, are shown as follows (existing law proposed
to be omitted is enclosed in brackets, new matter is printed in
italic, and existing law in which no change is proposed is
shown in roman):
TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III--EMPLOYEES
Subpart A--General Provision
CHAPTER 21--DEFINITIONS
Sec. 2108--Veteran; disabled veteran; preference eligible
For the purpose of this title--
(1) * * *
(2) * * *
(3) ``preference eligible'' means, except as provided
in paragraph (4) of this section or section 2108a(c)--
(A) * * *
* * * * * * *
[(F) the mother of an individual who lost his
life under honorable conditions while serving
in the armed forces during a period named by
paragraph (1)(A) of this section, if--
[(i) her husband is totally and
permanently disabled;
[(ii) she is widowed, divorced, or
separated from the father and has not
remarried; or
[(iii) she has remarried but is
widowed, divorced, or legally separated
from her husband when preference is
claimed;
[(G) the mother of a service-connected
permanently and totally disabled veteran, if--
[(i) her husband is totally and
permanently disabled;
[(ii) she is widowed, divorced, or
separated from the father and has not
remarried; or
[(iii) she has remarried but is
widowed, divorced, or legally separated
from her husband when preference is
claimed; and]
(F) the parent of an individual who lost his
or her life under honorable conditions while
serving in the armed forces during a period
named by paragraph (1)(A) of this section, if--
(i) the spouse of that parent is
totally and permanently disabled; or
(ii) that parent, when the preference
is claimed, is unmarried or, if
married, legally separated from his or
her spouse;
(G) the parent of a service-connected
permanently and totally disabled veteran, if--
(i) the spouse of that parent is
totally and permanently disabled; or
(ii) that parent, when preference is
claimed, is unmarried or, if married,
legally separated from his or her
spouse; and
* * * * * * *
[all]